Legal Question in Constitutional Law in California
Rights of Due Process
To what extent are parents entitled to due process and equal protection in disputed custody hearings? These rights presumably stem from the fundamental liberty interest of parents in the care, custody, and control of their children, as protected by the 14th Amendment
(1) Temporary Orders - Judge deviates significantly from standard possession. Statutes specify findings are required on request. Findings are timely requested, judge ignores, re-requested, re-ignored.
(2) Post judgment - fact findings and legal conclusions to support adverse rulings are challenged. Properly addressing this arguably poses a problem for the court and grounds for reversal. Courts response clearly fails to address the legal issues raised.
Fundamentally fair hearings? Are little infringments ok? Seems like it only takes a couple of well placed and seemingly inocuous infringements of due process to trample rights and cause harm. Assume for sake of argument that constiutional issues properly raised and preserved.
1 Answer from Attorneys
Re: Rights of Due Process
Theoretically, you have the fundamental liberty interests you described, for example as cited in cases such as In Re Gault and Santosky v. Kramer. In reality, many family courts, in California and elsewhere, are cesspools.
All I can do is wish you well.
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